A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I request copies of the following items:1) All documents, notes, memos, emails, or recordings made when Superintendent Erminia Claudio contacted Laura Brantley, Attorney, about the matter concerning Francesco Portelos and his 38 charges, and/or probable cause in his case. Please see the letter attached from Laura Brantley to Francesco Portelos.

3) The name, title, contact information for any person who assisted either Laura Brantley or Eminia Claudio in "finding" probable cause for Mr. Portelos' 38 charges.

Superintendent Erminia Claudio

4) The name, title, and contact information for the charging attorney at the Administrative Trials Unit who wrote the 38 charges against Mr. Portelos.

5) The name, title, and contact information for the charging attorney at the Administrative Trials Unit who wrote the probable cause form.

6) The name, title, and contact information for the person(s) who recommended that Francesco Portelos be suspended with pay.

7) The particulars of what the title of Ms. Brantley means, specifically "as designee for Dennis M. Walcott, Chancellor", and any and all rules, regulations, or law which gives her this authority and title.

8) How Dennis M. Walcott has the powers and duties of "Chancellor" pursuant to law.

If the records have been removed from their original locations, please cause a diligent search to be conducted of all appropriate file rooms and storage facilities.

If any record has been redacted, please identify which categories of information have been redacted, and cite the relevant statutory exemption(s).

If you have any questions relating to the specific record(s) or portion(s) being sought, please email me atbetsy.combier@gmail.com so that we may discuss them.

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

In the 10-minute spoken resignation, posted on YoutubeTuesdayunder the username Iquityoucantfireme , Rubenstein explains why she is quitting and addresses several major problems she says she has faced as a teacher in the U.S. public education system.

"I was proud to say I was a teacher," Rubenstein tells the camera, after describing how she abandoned a career in public relations to "do something meaningful" with her life. "But over the past 15 years, I've experienced the depressing, gradual downfall and misdirection of communication that has slowly eaten away at my love of teaching."

"Raising students' test scores on standardized tests is now the only goal, and in order to achieve it the creativity, flexibility and spontinaety that create authentic learning environments have been eliminated. ... Everything I love about teaching is extinct," she continues.

Rubenstein's resignation stems from a dispute between four Lincoln Elementary School teachers -- Rubenstein included -- and North Shore School District 112 administrators. As Highland Park News reports, Rubenstein and her colleagues received letters detailing their mandated transfer to other schools in the district and were given 21 days to respond.

In the video, Rubenstein states that the letter cited a "poor climate" in the building as the reason for her involuntary transfer. "But the truth is, I'm just not a 'yes man,'" she claims in her video.

Administrators contend, however, that such a transfer is not used to punish teachers, Highland Park News notes.

Rubenstein's resignation and the teacher transfers will likely be discussed at a school board meetingThursdaynight. Pamela Kramer, president of the North Shore Education Association teachers union, said the district did not violate its contract . Nevertheless, she expects the meeting to draw a crowd, according to The Chicago Tribune.

Earlier this year, a New York high school teacher's resignation garnered widespread attention on social media after he posted the letter on Facebook along with a photo of Porky Pig saying, "That's All Folks."

"I am not leaving my profession," Gerald Conti explained in the letter, "in truth, it has left me. It no longer exists."

Friday, May 24, 2013

Editorial: Long Island's trouble with arbitrators

Photo credit: Nassau County District Attorney' Handout | The seal of the NassauCounty District Attorney's office. (Jan. 11, 2013)

This month was very good for the investigators of theNassauCounty district attorney's office, and very bad for the taxpayers. That's normal on Long Island, where the arbitration system is out of control, our pocketbooks are being abused almost beyond belief and politicians are either unable or unwilling to stop the madness.

Two weeks ago, an arbitration panel gave 40 percent raises to 43 current and former DA's office investigators, meaning the best-paid will receive $190,000 per year and the average for that job will be $121,000. In comparison, investigators with the district attorneys' offices in New York City earn an average of about $65,000 per year.

Many of the 42Nassauinvestigators now working for the DA's office are retired police officers with pensions of $56,000 to $106,000 a year. Thirty of the 42 are retirees who have waivers allowing them to collect public pensions and earn full salaries from another government employer. Without waivers, people collecting state pensions cannot earn more than $30,000 a year from another government job. The waivers are supposed to be very hard to get, with public employers essentially having to prove they could not find qualified hires other than these retirees. They are, instead, often laughably easy to obtain.

Beyond the huge pay hike, and $3 million in retroactive payments, DA's investigators in Nassau will get 24 days of sick leave and 27 to 30 vacation days a year, health insurance with no contribution out of their pockets (and $2,000 annual bonuses if they don't take the health insurance, an important clause for those "double-dipping" retirees already getting health care) and clothing and equipment allowances of $1,900 per year.

And why do they get all this? According to the panel led by pro-labor arbitrator Martin Scheinman, it's because DA's investigators inSuffolkCounty do, and because Nassau County's police detectives do.

In the universe of arbitration logic, the ruling makes sense. The police benevolent associations and other cop unions in both counties, with the willing help of arbitrators and in some cases, county officials, have hiked the pay and benefits of law enforcement personnel sky-high, but these Nassau DA investigators were left out. Arbitration is based on comparable contracts, and there's no legal justification for giving this one group a deal that much worse than everybody else's.

However, arbitration for law enforcement is so far off-kilter in favor of employees and against taxpayers that it is destroying the finances of our counties. Nowhere is there any recognition of meteoric taxes and a stagnant economic base.

For the arbitration panel to award such packages, when almost 75 percent of the investigators already get public pensions, is unrealistic in a county under a state financial control board. The fact that these law enforcement workers got such a great deal isn't what's important. What's important, and what's breaking the bank, is an arbitraton system run amok.

ALFONSE D'AMATO

Binding arbitration leads to higher taxes

1/24/13

We all know the high price we pay for living in Nassau County. There’s always a lot of talk about the blame game, but did you ever think that one person could singlehandedly drive up our taxes?

Well surprise, surprise. Over the past several years, Martin Scheinman, a largely unknown power broker, has made quite a career as an arbitrator for thousands of public employees. The deals he has helped hammer out between public employee unions and county officials have impacted millions of taxpayers.

His latest deal, however, has raised more than a few eyebrows and will prove to be another nail in the coffin of the Nassau County taxpayer.

Last week, Newsday reported that an arbitration panel gave a 40 percent raise to 43 investigators in the district attorney’s office. This included both current and former investigators. Their salaries jumped a grotesque 40 percent during the week of Jan. 7.

According to Newsday, the investigators were making an average of $86,400 per year, and the salaries ranged from $46,000 to $109,000. The new wage scale increases their salaries to an average of $121,000, with a low of $98,000 and a high of $190,000 — all almost overnight!

Why the dramatic increase? Scheinman and his panel decided that these investigators, who were formerly part of the Civil Service Employees Association, should instead receive the salaries and benefits of the county’s Detectives Association.

The increase in salaries will cost the county an extra $1.5 million. Also entangled in the agreement is approximately $3 million in retroactive pay, and mandated benefits that include extra pay for years of service, clothing and equipment allowances. And let’s not forget 24 days of sick leave a year and 27 vacation days.

Many of these investigators are retired police officers who already receive state pensions. According to a Newsday editorial on the issue, “Thirty of the 42 are retirees who have waivers allowing them to collect public pensions and earn full salaries from another government employer.” This is an absolute sham. Many taxpayers are wondering how this could happen. You may recall that Nassau County’s finances are currently under the control of the Nassau Interim Finance Authority. NIFA serves as a financial control board, and it has imposed a freeze on all county wages, thus eliminating annual pay increases.

The county investigators’ $3 million in retroactive pay dates back to Jan. 1, 2011, which is three months before NIFA took control of all country finances; thus NIFA has no jurisdiction on the matter.

We are in an economic crisis. How much longer is Nassau County going to be subject to decisions made by public arbitrators, such as Scheinman, who is obviously in the pocket of the unions?

Richard Zuckerman, Nassau’s representative on the arbitration panel, wrote that giving the investigators this type of raise “is inconceivable to me . . . while the county remains under NIFA’s jurisdiction and in the middle of a severe financial crisis that makes the county’s ability to pay for this award at best doubtful.”

Scheinman has a long history of controversial decisions. He has repeatedly given Long Island police unions generous awards, making them among the nation’s highest-paid officers. Meanwhile, our taxes continue to rise astronomically, and people are being forced to move out of Nassau County.

Nassau politicians have complained about Scheinman’s reach in the past, but to no avail. He continues to handle Nassau’s gluttonous police contracts. The current system is taking decisions that should be made by trusted elected officials whom the people elect and putting them in the hands of special-interest captives such as Scheinman.

Suffolk Country was wise enough to enact the so-called “Scheinman Law” in 1998, which bans the county from using arbitrators who have worked in Nassau during the previous three years.

New York’s lawmakers must overhaul binding arbitration laws and put some power into the hands of local officials whose constituents are footing the tax bill. In the meantime, it is long past time for Nassau County to adopt the same policy as Suffolk County and bar Scheinman from participating in any arbitrations.

Al D’Amato, a former U.S. senator from New York, is the founder of Park Strategies LLC, a public policy and business development firm. Comments about this column? ADAmato@liherald.com.

Sometime
in April 2013 the Notice above made its
appearance in the packet when charges were served. And curiously, now there is a statement that there WAS
a vote in Executive Session!! Oh, really? I want to know who voted,
when, where, what this person's title was, how he/she had the authority
to vote, and proof that there was a vote.

While Francesco will challenge the validity of these allegations at a 3020-a arbitration some time in the future, I am right now challenging the right of the New York City Department of Education to serve the charges at all. Below is an excerpt of a Motion To Dismiss submitted in the case of J.J. in September 2012:

"Education Law requires a vote by the school board precede a determination of “probable cause” upon which to bring charges against teachers removed from their schools. (Education Law §3020-a(2)(a), Article 61)). This provides all pedagogues protection from vindictive Principals who may want to remove senior teachers from their positions because they make salaries that could pay for two teachers instead of one. The requirements of NYS Education Law §3020-a, under which tenured personnel may be disciplined for “Just Cause” are absolute and require that before charges can be brought against a tenured educator, the School Board must:

a. Determine that there is “probable cause” for the proceeding with charges by a majority vote by the Board.

b. Make this determination within 5 days of the charges being filed with the Board.

c. Ensure that the decision to proceed with the charges is not frivolous, arbitrary, capricious or discriminatory.

Without a school board to perform these functions – and, the New York City Panel For Educational Policy (“PEP”) never has taken on this function – there is no oversight by anyone other than the tenured teacher’s Principal to initiate the disciplinary process and Local Superintendent to endorse the Principal’s request to prefer file charges against any educator a Principal chooses to remove from the school the Principal administers. The lack of independent review and lack of oversight by anyone other than the tenured teacher’s Principal to initiate discipline is not consistent with Education Law §3020-a. This constitutes a de facto denial of equal protection of the §3020-a law. Arbitrators who sit on the panel to hear 3020-a charges are not permitted by law, collective bargaining agreement, or any other contractual arrangement to make a decision on charges unless they have been voted on by the New York City Board of Education before a tenured teacher is given these charges, pursuant to Education Law §§ 2590-j, 3020, and 3020-a. The relevant parts are as follows:

“Filing of charges. All charges against a person enjoying the benefits of tenure as provided in subdivision three of section one thousand one hundred two, and sections two thousand five hundred nine, two thousand five hundred seventy-three, twenty-five hundred ninety-j, three thousand twelve and three thousand fourteen of this chapter shall be in writing and filed with the clerk or secretary of the school district or employing board during the period between the actual opening and closing of the school year for which the employed is normally required.”

Section 3020a(2)(a) of The NY Education Law states:

“Disposition of charges. Upon receipt of the charges, the clerk or secretary of the school district or employing board shall immediately notify said board thereof. Within five days after receipt of charges, the employing board, in executive session, shall determine, by a vote of a majority of all the members of such board, whether probable cause exists to bring a disciplinary proceeding against an employee pursuant to this section. If such determination is affirmative, a written statement specifying the charges in detail, the maximum penalty which will be imposed by the board if the employee does not request a hearing or that will be sought by the board if the employee is found guilty of the charges after a hearing and outlining the employee’s rights under this section, shall be immediately forwarded to the accused employee by certified or registered mail, return receipt requested or by personal delivery to the employee.”

Before a tenured teacher can be brought up on disciplinary charges, the Education Law lays out a number of procedural hurdles that a Board of Education must comply with. These procedural hurdles are in place to protect the rights of the tenured teacher to fair process, and constitute jurisdictional pre-requisites to a §3020-a disciplinary hearing. Chief among these procedural hurdles is the requirement that probable cause to prefer charges must be voted on by the Board of Education (see, e.g., Education Law §3020-a(2)(a))."

Now if an arbitrator rules that indeed the Section 3020-a (2)(a) statute does not apply to New York City as the UFT bargained away the law, then they can proceed as if the argument had no basis, and they get paid their $1400/day in spite of the law. That's the nice and comfy way to do away with the due process rights of tenured teachers brought to 3020-a hearings. If an arbitrator agrees that there was an improper determination of probable cause, the hearing cannot go forward, and the arbitrator does not get paid.

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I requested copies of the following items:1) All documents, notes, memos, emails, or recordings made when a vote was taken during an Executive Session on probable cause for the 38 charges served on Respondent Francesco Portelos on or about May 17, 2013; see the Notice which is attached to this request.

2) The name, title, contact information for any person who attended the Executive Session.

3) The name, title, contact information, date, time, place, and name of the school board and proof of voting on the charges of misconduct served on Francesco Portelos by any and all parties;

If the records have been removed from their original locations, please cause a diligent search to be conducted of all appropriate file rooms and storage facilities.

If any record has been redacted, please identify which categories of information have been redacted, and cite the relevant statutory exemption(s).

If you have any questions relating to the specific record(s) or portion(s) being sought, please phone me at 212-794-8902 so that we may discuss them.

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

Mike unleashes a ‘hail’ storm

By EMILY SMITH

Mayor Bloomberg went on a spitting-mad rant against a city cab-fleet boss who won a court victory over Hizzoner’s planned “Taxi of Tomorrow” — vowing to “destroy your f--king industry” when he leaves office, The Post has learned.

A fuming Bloomberg made the threat against Taxi Club Management CEO Gene Freidman at Madison Square Garden’s private 1879 Club during last Thursday’s Knick playoff game, a witness said yesterday.

“It was like Gene had kidnapped his child. He used the f-word twice,” the witness said.

Freidman confirmed the blow-up to The Post, and said Bloomberg’s tirade included the warning that, “After January, I am going to destroy all you f--king guys.”

That’s bad news for Bloomberg’s political enemies, who could all become targets once the revenge-minded billionaire has nothing but time on his hands.

Freidman approached Bloomberg at the exclusive club a day after a judge ruled that the mayor’s plan to replace the city’s taxi fleet with the Taxi of Tomorrow violated a city code requiring a hybrid-cab option for garage owners.

“I saw Bloomberg and his security there in the club, so I went over and said, ‘Tell me what is going on with the Taxi of Tomorrow?’ ” Freidman, 42, said yesterday.

“He turns to me, and said, ‘Come January 1st, when I am out of office, I am going to destroy your f--king industry.’

“I said, ‘Whoa, Mr. Mayor, calm down! Why can’t I sit down with you and figure out something that works?’ He got back in my face and said, ‘After January, I am going to destroy all you f--king guys,’ ” said Freidman, whose company operates a fleet of 925 yellow cabs.

Freidman said a red-faced Bloomberg’s jaw was clenched.

“He was very angry, very scary, very violent in a non-physical way. He was grinding his teeth, he was spitting, he was red and he was in my face,” the self-styled “King of the Road” claimed.

“The mayor was extremely disrespectful, and not ‘mayorly’ at all. He cursed at me, and when we walked away, I asked a friend who was with me, ‘Did the mayor just threaten me?’

“My friend responded, ‘No, he threatened you twice.’ ”

Bloomberg this morning said he doesn’t recall unleashing that profanity-laced tirade -- or virtually any other details from that night.

“The only thing I remember from that night was the [basketball] court. It was the court in the middle of Madison Square Garden and the Knicks won,” the suddenly memory-challenged mayor said.

“It was a great game … that’s all I remember from that night.”

The witness said Bloomberg was just being a sore loser over state Supreme Court Justice Peter H. Moulton’s ruling.

The Taxi of Tomorrow is a Bloomberg pet project that would have replaced nearly the entire of fleet of yellow cabs with a more spacious model that Nissan won the right to design in an open competition.

The taxi industry, led by Freidman, challenged the overhaul — and Bloomberg seeing his foe at MSG set him off, the witness said.

“Bloomberg thinks that everyone should just follow his decisions,” he said.

Freidman said he tried to placate the mayor by reminding him of a meeting in 2006 when Bloomberg praised him for introducing hybrid fuel and wheelchair-accessible taxis.

But nothing would calm Bloomberg — who at one point looked about for security to toss Freidman from the club.

“This was my club that Bloomberg was a guest in, that I had paid to get in, and he wasn’t getting me kicked out of my own place,” said Freidman.

His lawyers have asked MSG to preserve any surveillance video that may have captured the exchange.

Freidman wondered how the mayor planned to “destroy” his industry.

“I don’t know how he’ll destroy me, whether he’ll start a black-car service that will take people for free,” he said. “Perhaps he’ll put $10 million of his own money to lobby against the taxi industry — that is pretty powerful.”

Testimonials From Some of Our Clients

“Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent
Maria G;

Alexandra F.

Dear Betsy,

I just wanted to reach out and say thank you for CONSTANTLY being there for me throughout such a tumultuous time in my life. I have been battling severe harassment at my place of work for months now, and you have advised me through every single second of it. I would not have had the strength or confidence to battle such an evil administration without your help. You have answered my phone calls from 7AM through nearly midnight with any and all of my concerns. I have called you countless times to just vent, or even cry, and you have been there with open arms to pivot my negative anticipations into positive advocacy. You have gone above and beyond your line of duty to help me, and for that, I can never repay you. You have changed the outcome of my life, and led me to justice. More importantly, you have led me to happiness again, for which I am eternally grateful. As I am getting older, I am realizing that there are many bad people in this world, but you are TRULY one of the good ones. When one finds a great person in life with their true best interest at heart, they should hold onto that and take their word as bond. My last statement truly defines you, an expert in what you do, as well as a 24 hour support system. You are amazing Betsy, and my life would truly not be the same if you had not stepped into it!!!!!

Thank you again for EVERYTHING you have done for me. Your advisement and care will be carried in my heart for the rest of my life.

Alexandra F.

Tollyne D.

After 18 years of service, the general consensus as a union member is that you cannot trust people and you have to be extremely careful who you talk to. I was brought up being told that I should be sure that the person I am speaking to is knowledgeable and to be TRUSTED, and Betsy Combier is such a person. She consistently proves that she is trustworthy, very knowledgeable and caring, time and time again.

Tollyne D.

David P.

To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone without any problem.
David P.

Jason R.

I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.

Laura B.

I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients.

ADVOCATZ

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

Betsy Combier

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
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The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

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FAITH

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

Truth Seeks Light - Lies Seek Shadows

sayin like it is

Actions Have Consequences

Writing as Music

Rubber Room teachers wish me a happy birthday (2006)

"Educating the mind without educating the heart is no education at all."

- Aristotle

Important Numbers

Amy Arundel (ATR Point Person) 212-510-6468

UFT www.uft.org

OPI (Problem Code) 1-718-935-2666

UFT Certification Services 1-212-420-1830

Teachers REtirement System 1-888-869-2877

Mandated Reporters 1-800-635-1522

Staten Island UFT 1-718-605-1400

Brooklyn UFT 1-718-852-4900

Bronx UFT 1-718-379-6200

Manhattan UFT 1-212-598-6800

Queens UFT 1-718-275-4400

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The Teaching Equation

We Can Work Out Our Differences

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the'A for Accountability' Awardto those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

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Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

Candace R. McLaren

Director, Office of Special Investigations (OSI)

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Polo Colon

"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

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Theresa Europe, NYC BOE ATU Director

Robin Greenfield

Deputy Counsel to the NYC DOE

UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

UFT umbrella pals

New York State Supreme Court Judge Manuel Mendez

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

Puppy Snooze

US Department of Labor ELAWS

Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

Rally November 2008 at Tweed

November 26, 2007 Candelight Vigil

Thousands of teachers and school staff members rally at Tweed

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.